News

Opponents Challenge City of LA’s Attempts to Streamline CEQA Review for Housing Projects

City of Los Angeles voters approved measure HHH in 2016 to facilitate the construction of 10,000 units of permanent supporting housing to address the City’s homeless crises. The City Council followed-up in April 2018 by passing an ordinance which eliminates CEQA review for housing projects up to 120 units and that meet zoning requirements. The […]

California Commercial Fishing Interests Urge the U.S. Supreme Court to Roll Back Rules about Agency Deference

A group of California commercial fishing organizations asked the U.S. Supreme Court this week to reverse a Ninth Circuit decision that expands the scope of the “Chevron deference doctrine.” In the 1984 case of Chevron USA Inc. v. NRDC, the Supreme Court ruled that agencies must be given deference in their interpretation of ambiguous statutes […]

California Leading the Way on Residential Solar–At Any Cost

In early May, California became the first state in the country to require solar panels on all new homes, in an attempt to aggressively curb greenhouse gas emissions. The California Energy Commission (“CEC”) adopted updates to the state energy code’s building efficiency standards requiring solar photovoltaic systems on newly constructed residential buildings with three stories […]

California and Environmental Groups Ask the 9th Circuit to Revive Border Wall Lawsuit

The state, and several environmental organizations within it, have urged the Ninth Circuit to overturn a lower court that nixed their challenge to the Trump administration’s planned border wall. The appellants argue that the border wall, and all the construction activities that come alongside it, must first undergo environmental impact assessments. The appellate brief argues […]

Fourth Circuit Court of Appeals Invalidates Incidental Take Permit for Atlantic Coast Pipeline

On Tuesday (5/15/18), the 4th Circuit Court of Appeals issued an order vacating an incidental take permit issued by the U.S. Fish and Wildlife Service for a pipeline project. The Atlantic Coast Pipeline project, backed by Dominion Energy, involves a 600-mile pipeline for natural gas. The proposed route starts in West Virginia and ends in […]

Enviro Group Sues Forest Service (unsuccessfully) Over Imaginary Wolves

On May 29, a federal judge in California dismissed an environmental group’s lawsuit accusing the U.S. Forest Service, and U.S. Fish and Wildlife Service, of improperly approving a forest-thinning project. The group argued that the project would imperil gray wolves and northern spotted owls; the former is endangered under the federal Endangered Species Act, while […]

U.S. Government to Oakland and San Francisco Climate-Change Lawsuit: Drop Dead.

On May 11, the U.S. Government asked a federal judge in California to toss out suits by Oakland and San Francisco seeking to hold the oil industry liable for climate change-related infrastructure damage. The government argued that the cities’ claims are more rightfully handled by regulators and lawmakers, who should set the climate and energy […]

FERC to Review 1999 Pipeline Policy Statement

Last Thursday, the Federal Energy Regulatory Commission (“FERC”) began review of its natural gas pipeline approval policy.  FERC’s inquiry seeks information and stakeholder perspectives to help FERC explore whether, and how, it should revise its existing policies regarding review and authorization of natural gas pipelines. FERC’s notice of inquiry cited four major topics where revisions […]

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